Relates to activities by former state officers; permits certain state officers, terminated between January 1, 2009 and April 1, 2011 due to a reduction in the state workforce, to engage in certain activities representing any entity before a state agency or board.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5049
SPONSOR: Destito TITLE OF BILL: An act to amend the public officers law, in relation
to activities by former state officers
PURPOSE OR GENERAL IDEA OF BILL: To extend the exemption from the
"revolving door" provisions of the Public Officers Law to include those
state workers who lose their jobs as a result of the reduction in the
state workforce on or after January 1, 2009 and before April 1, 2011.
SUMMARY OF SPECIFIC PROVISIONS: Paragraph (b) of subdivision 8 of
section 73 of the public officers law is amended to open a new window in
the exemption from the "revolving door" provisions of the public offi-
cers law to former employees who have lost their jobs due to state work-
force reductions. References to the State Ethics Commission are altered
to reflect the Commission on Public Integrity created in 2007.
JUSTIFICATION: From time to time, due to unfavorable fiscal condi-
tions, it becomes necessary to reduce the size of the state workforce.
The bill assists state workers who lose their jobs by exempting them
from the "revolving door" provisions of the public officers law. This
legislation opens new employment opportunities to state workers who lose
their jobs through no fault of their own.
PRIOR LEGISLATIVE HISTORY: New Bill. Similar to previous extensions of
the "revolving door" exemption, such as Chapter 561 of the Laws of 1998
and Chapter 33 of the Laws of 1997.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately and shall be
deemed to have been in full force and effect on or after January 1,
2009.
STATE OF NEW YORK
________________________________________________________________________
5049
2009-2010 Regular Sessions
IN ASSEMBLY
February 10, 2009
___________
Introduced by M. of A. DESTITO -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to activities by
former state officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 8 of section 73 of the public
2 officers law, as amended by chapter 299 of the laws of 1995, subpara-
3 graph (i) as amended by chapter 561 of the laws of 1998, is amended to
4 read as follows:
5 (b) (i) The provisions of subparagraph (i) of paragraph (a) of this
6 subdivision shall not apply to any state officer or employee whose
7 employment was terminated on or after January first, nineteen hundred
8 ninety-five and before April first, nineteen hundred ninety-nine or on
9 or after January first, two thousand nine and before April first, two
10 thousand eleven because of economy, consolidation or abolition of func-
11 tions, curtailment of activities or other reduction in the state work
12 force. On or before the date of such termination of employment, the
13 state agency shall provide to the terminated employee a written certif-
14 ication that the employee has been terminated because of economy,
15 consolidation or abolition of functions, curtailment of activities or
16 other reduction in the state work force, and that such employee is
17 covered by the provisions of this paragraph. The written certification
18 shall also contain a notice describing the rights and responsibilities
19 of the employee pursuant to the provisions of this section. The certif-
20 ication and notice shall contain the information and shall be in the
21 form set forth below:
22 CERTIFICATION AND NOTICE
23 TO: Employee's Name: ____________________________
24 State agency: ____________________________
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05297-01-9
A. 5049 2
1 Date of Termination: ____________________________
2 I, (name and title) of (state agency), hereby certify that your termi-
3 nation from State service is because of economy, consolidation or aboli-
4 tion of functions, curtailment of activities or other reduction in the
5 State work force. Therefore, you are covered by the provisions of para-
6 graph (b) of subdivision eight of section seventy-three of the Public
7 Officers Law.
8 You were designated as a policy maker: YES ____ NO ____
9 ______________
10 (TITLE)
11 TO THE EMPLOYEE:
12 This certification affects your right to engage in certain activities
13 after you leave state service.
14 Ordinarily, employees who leave State service may not, for two years,
15 appear or practice before their former agency or receive compensation
16 for rendering services on a matter before their former agency. However,
17 because of this certification, you may be exempt from this restriction.
18 If you were not designated as a Policymaker by your agency, you are
19 automatically exempt. You may, upon leaving State service, immediately
20 appear, practice or receive compensation for services rendered before
21 your former agency.
22 If you were designated as a Policymaker by your agency, you are eligi-
23 ble to apply for an exemption to the [State Ethics Commission] Commis-
24 sion on Public Integrity at [39 Columbia Street] 540 Broadway, Albany,
25 New York 12207.
26 Even if you are or become exempt from the two year bar, the lifetime
27 bar of the revolving door statute will continue to apply to you. You may
28 not appear, practice, communicate or otherwise render services before
29 any State agency in relation to any case, proceeding, application or
30 transaction with respect to which you were directly concerned and in
31 which you personally participated during your State service, or which
32 was under your active consideration.
33 If you have any questions about the application of the post-employment
34 restrictions to your circumstances, you may contact the [State Ethics
35 Commission] Commission on Public Integrity at (518) [432-8207] 408-3976
36 or 1-800-87ETHIC (1-800-873-8442).
37 (ii) The provisions of subparagraph (i) of this paragraph shall not
38 apply to any such officer or employee who at the time of or prior to
39 such termination had served in a policymaking position as determined by
40 the appointing authority, which determination had been filed with the
41 state ethics commission or the commission on public integrity, provided
42 that such officer or employee may so appear or practice or receive such
43 compensation with the prior approval of the state ethics commission or
44 the commission on public integrity. In determining whether to grant such
45 approval the state ethics commission or the commission on public integ-
46 rity shall consider:
47 A. whether the employee's prior job duties involved substantial deci-
48 sion-making authority over policies, rule or contracts;
49 B. the nature of the duties to be performed by the employee for the
50 prospective employer;
51 C. whether the prospective employment is likely to involve substantial
52 contact with the employee's former agency and the extent to which any
53 such contact is likely to involve matters where the agency has the
54 discretion to make decisions based on the work product of the employee;
A. 5049 3
1 D. whether the prospective employment may be beneficial to the state
2 or the public; and
3 E. the extent of economic hardship to the employee if the application
4 is denied.
5 § 2. This act shall take effect immediately and shall be deemed to
6 have been in full force and effect on or after January 1, 2009.
